The State of Western Australia v Pal

The Supreme Court of Western Australia heard an application by Mr Pal for his trial to be heard by a judge alone rather than a jury. The application was pursuant to section 118 of the Criminal Procedure Act 2004 (WA). The basis for the application was that the single issue for determination at trial would be whether Mr Pal was of unsound mind at the time of the alleged offending, and that this issue would be better decided by a judge sitting alone without a jury. The State consented to the application but this was not determinative. The court considered the legal principles relevant to applications under section 118, including the broad notion of what is in the interests of justice and the factors that may be relevant. The court found that the expert evidence to be led at trial regarding the accused's mental capacity would be more properly considered by a judge sitting alone. There was no issue to be resolved at trial that would require a jury to consider objective community standards. The court determined that it was in the interests of justice to order a trial by judge alone and exercised its discretion to do so.

The final orders of the court were that the application by Mr Pal for his trial to be heard by a judge alone would be granted. The matter was to proceed to trial before a single judge without a jury. The court ordered that the trial commence on 15 May 2023 as scheduled, before a single judge of the Supreme Court of Western Australia.